HomeMy WebLinkAbout95-06698
.
',^
-,....,..
.CT
--J;
n~
1
..'
Lisa D. Melius,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6698 CIVIL TERM
PROTECTION FROM ABUSE
Alex J. Ellis,
Defendant
PROTECTION ORDER
AND NOW, this ..2"'2frL. day of December, 1995, upon
consideration of the Consent Agreement of the parties, the
following Order is entered:
1. The defendant, Alex J. EllIs, is enjoined from
physically abusing the plaintiff, Lisa D. Melius, or from placing
her in fear of abuse.
2. The defendant is enjoined from having any direct or
indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives.
4. The defendant Is prohibited from entering the
plaintiff's place of employment.
5. The defendant is prohibited from removing, damaging,
destroying 01' selling any property owned by the plaintiff.
6. The defendant ls ordered to stay away from the
plaintiff's residence located at 14 S. East Street, '2, Carlisle,
Cumberland County, Pennsylvania.
7. The defendant is ordered to stay away from any
residence the plaintiff may in the future establish for herself.
.
. rW.
8. The defendant is ordered to reimburse the plaintiff's
out-of-pocket losses Buffered as a result of the abuse including
but not limited to the losses listed on the attached Exhibit A by
making weekly payments in the amount of $ .--2,,'1
The W1G
first payment is to be made by the defendant within ten days of
the entry of this Order, and subsequent payments are to be made '. N1. /
.(/~. .( WI" (!
each week thereafter until t.he total amount of $ g(.7. '7 {tl'-,ttlJlf:<1JIC
/I'-e'-~/p~. 'l...~. 1J _
is paid in full. An award under this chapter shall not U/ I ~~
constitute a bar to litigation for civil damages for other
injuries sustained from the acts of abuse giving rise to this
award.
9. The court costs and fees are waived.
10. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
finds that the defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
11. This Order may subject the defendant to: il arrest
under 23 Pa.C.S. ~6113; il) a private criminal complaint under 23
Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. ~6114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and Iv) civil contempt
under 23 Pa.C.S. ~6114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order.
.
,,. "
12. The Carlisle and Middlesex police Departments shall be
provided with certified copies of this Order by the plaintiff's
attorney and may enforce this Order by Brrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of B police officer. In the event that
an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable, the defendant shall be
taken before the appropriate district justice. (23 Pa.C.S. g
6113).
By the Court,
. ~ .
.."\)'. \\,\~\,\
./\'t.....~j '\" l":'r':. ~~'1;1\"~'\')
t. , ....,',..f \""1'\ '"
l ,,,,"f"/) \..:;\\1 .......
(\.1~'" \v~ ,
..n (.(
\ ,-,\" nZ:l;lu~)
r. \ \IJ I ~
"'J
"".1\ .'.-\' ;.'
l-'Jil.O~~~6.{\1-\\1 ~
-:
".
7.
The defendant agrees to stay away from any residence
the plaintiff may in the future cstablish for herself.
8. The defendant agrees to reimburse the pl~intiff's out- ~
of-pocket losses of $ .1 t,~' -I /)I''!1'J:I(UI;t/:lj1fJr'I:~.(}.'''t~~f ~
the abuse including but not limited to the losses listed on the
attached sheet marked Exhibit A. The first weekly $ .)0
payment is to be made by the defendant within ten days of the
entry of this Order, and subsequent payments br~ to be made each /
.., (i , )'IUt-,,fi.'UJ,( hv$fr f;\..t..A'C
week thereafter until the total amount of $ .'1& /-I/J!. is U ~
paid in full, or according to a payment schedule worked out
between the parties. The defendant understands that this award
does not constitute a bar to litigation for civil damages for
other injuries sustained from the acts of abuse giving rise to
this award.
9. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition.
10. The defendant understands that the Protection Order
entered in this mattcr will be in effect for a period of one year
and can be extended beyond it original expiration date if the
Court finds that the defendant has committed another act of abuse
or has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff. The defendant understands that
this Order will be enforceable in the same manner as the Court's
prior Temporary Protection Order entered in this case.
11. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private
.t
.'
criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charie of
indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by
i.prisonment up to six months snd a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. ~6114.1.
WHEREFORE, the parties request that a Protection Order be
entered to reflect the above terms.
tl{(Jtj/ffA .
Lisa . He ius, P~
~~
' 08n Carey "
Attorney for Plaintiff
Al~~~~nt
LIOAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
20 S. Harket Street
Hechanicsburg, PA 17055
(717) 796-1600
~~
:l~
"t~
i~
:l
~
,
" ~
-
....,
II I
j'
"
,1
.' , " , I .. . , " I . "
., I . , . ~; . , i, ,. , , ,
!"\
q ~ ,.; . I
!'; '-!'1: !l.
'"
.\I'
ii..
J
"I'
~ I~ I , , \. , " i. f '
<1':', ' .
II'"
,...
'J
-,
fl
..
.. .."j
L; II
"''I
:11
II.'
I ~ I.
; , , . i ;' \ , ~ ,
_',;'.I:.r1l -\I
I.,
:\!.
1 U.
.'"
;1. ,
.
"
i'
. i
."i
",,- .. '.1 Ill"
i.'- ,,;.
"
\';
. .' i ,~ .
l'fj .1. (:,
'"
';'.1 :(1' ~ ~'L -,~-':..;L'-
:H;P
!';'I ;',1
..
,.,1'
I-u',""
" rl"'"
"
.'
FILm-omCE
OF 1\1E p?OiHOXOTMl'f
95 Orf; -4 M\ 10: 59
CUMBthlJ.ND COUNiY
PENNS,{\~IN'lL\
.
"
j,!
"
,'.'
I t "$ it .,', ',1
"
l:!:<
,
IN THE COURT OF COMMON Pl,EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-6698 CIVIL TERM
Defendant PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff moves the Court for an Order rescheduling the
hearing in the above-captioned case on the grounds that:
1. A Temporary Protection Order was issued by this Court
on November, 24, 1995, scheduling a hearing for December 4, 1995,
at 8:30 a.m.
Lisa D. Melius,
Plaintiff
v.
Alex J. Ellis,
2. The Cumberland County Sheriff's Department served the
defendant with a certified copy of the Temporary Protection Order
and Petition for Protection Order on November, 24, 1995, at
approximately 3:22 p.m. at 6 Stine Avenue, Carlisle,
Pennsylvania.
3. The defendant indicated to Legal Services, Inc. on
November 30, 1995, that he desired legal representation in this
matter and Legal Services, Inc. agreed that the hearing scheduled
for December, 4, 1995, be continued to afford him time to retain
counsel.
4. The plaintiff requests that the Temporary Protection
Order remain in effect until modified or terminated by the court
after notice or hearing.
5. Certified copies of the Order for Continuance will be
delivered to the Carlisle and Middlesex Police Departments by the
attorney for the plaintiff.
WHEREFORE, the plaintlff requests that the Court grant this
Hotion and reschedule this matter for hearing, and that the
Temporary Protection Order remain in effect until further Order
of Court.
Respectfully submitted,
for Plaint! ff
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
.-.,
,
I. ';-,
"
.,
en
N
" ~~
M
:r: :?;
0... :!;I.
C"""
- Z~
I ~!'?
u f- -'.
~ &..J wm
l:> 0
U"J B
<J"l
('
",': I '.CHi
-
. i
. I ~"~ t
"
". :""
.n .~
- ~~
.'
.
.,
'. J.. .....
No. q"\ -611 <6
M~\~:~---------
.. I "'-J..
-- ------------
---.---'
G~;j
Tenn, 19..____
blll~
---------------
-----------.-.
...
.-........
~ Ln ?;:
~15 .. ..
~ ~ =-5.-1'
c:i tr
;..;
~~ c.: :s..
[:1~j
t;:: - :' rii
~ J. .
cr:~ L.' if~:
ll! ~,jtb
15 c... (!:c.
IJ") ::5
0-' U
'IlAICI'!
ralad _..__:Q~. \. 4
~~_:_i~J.~~~~---
------------------, .~ry.
q~
.g._--
------------------------
--------
"
~
.
\
Lisa D. Melius,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- ,,,vf CIVIL TERM
Alex J. Ellis,
PROTECTION FROM ABUSE
Defendant
AND NOW, this
TEMPORARY PROTECTION ORDER
~ day of November, 1996, upon
presentation and consideration of the within Petition, and upon
finding that the plaintiff, Lisa D. Melius, now residing at 14
South East Street, '2, Carlisle, Cumberland County, Pennsylvania,
is in immediate and present danger of abuse from the defendant,
Alex J. Ellis, the following Temporary Order is entered.
The defendant, Alex J. Ellis, (SSN: unknown and date of
birth: 6/3/72), to the best of the plaintlff's knowledge is
resing with his parents at 6 Stine Avenllu, Carlisle, Cumberland
County, Pennsylvania, is hereby enjoined from physically abusing
the plaintiff.
The defendant is ordered to stay away from the plaintiff's
residence located at 14 South East Street, '2, Carlisle,
Cumberland County, Pennsylvania, a residence which is leased
solely by the plaintiff.
The defendant is ordered to stay away from any residence the
plaintiff may in the future establish for herself.
The defendant is ordered to refrain from having any direct
or indirect contact with the plaintiff including, but not limited
to, telephone and written communications.
The defendant is enjoined from harassing and stalking the
plaintiff and from harassing the plaintiff's relatives.
The defendant is enjoined from entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A violation of this Order .ay subject the defendant to: i)
arrest under 23 Pa.e.S. 86113; ii) a private cri.inal coeplaint
under 23 Pa.e.s. 86113.1; iii) a charge of indirect cri.inal
conte.pt under 23 Pa.C.S. 86114, punishable by ieprison.ent up to
six .onths and a fine of $100.00-$1.000.00; and iv) civil
conte.pt under 23 Pa.C.S. 86114.1. Resu.ption of co-residence on
the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that the defendant has
committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm
to the plaintiff.
the II {/c day of
A hearing shall be
;.{.,: ( '/"('<- ~ .
NOllellltler, 1996, at () . ;(.
held on this matter on
~. .m., in Courtroom No. .)-, Cumberland
County Courthouse, Carlisle, Pennsylvania.
The plaintiff may proceed without pre-payment of fees
pending a further order after the hearing.
The Cumberland County Sheriff's Department shall attempt to
make service at the plaintiff's request Bnd without pre-payment
of fees, but service may be accomplished under any applicable
rule of Civil Procedure.
This Order shall be docketed in the office of the
Prothonotary and forwarded to the Sheriff ror service. The
Prothonotary shall not send a copy of this Order to the defendant
by mail.
The Carlisle and Middlesex Police Departments will be
provided with certified copies of this Order by the plaintiff's
attorney. This Order shall be enforced by any law enforcement
agency where a violation occurs by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has
been violated, whether or not the violation is committed in the
presence of the police officer. In the event that an arrest is
made under this section, the detendant shall be taken without
unnecessary delay before the court that issued the order. When
that court is unavailable, the defendant shall be taken before
the appropriate district justice. (23 Pa.C.S. 6 6113).
By the Court,
Lie8 D. Melius,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL TERM
NO. 95-
Alex J. Ell ie,
PROTECTION FROM ABUSE
NOTICE
Defendant
You have been sued in court. If you wish to defend against the
claills set forth in the following pages, you IIUSt take action promptly
after this Petition, Order and Notice are served, by appearing
personally or by attorney at the hearing scheduled by the Court and
presenting to the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the Court
may proceed without you, and a judgment may be entered against you by
the Court without further notice for any money claimed in the Petition
or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights import3nt to you.
FEES AND COSTS
If the case goes to hearing and the judge grants a Protection
Order, a surcharge of $25.00 will be assessed against you. You aay
also be required to pay attorney fees to Legal Services, Inc. for
their representation of the plaintiff.
You should take this paper to ~our law~er at once.
have a law~er or cannot afford one, go to or telephone
forth below to find out where you can get legal help.
If ~ou do not
the office set
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court,
please contact our officc. All arrangements must be made at least 72
hours prior to any hcaring or business beforc the court. You must
attend the scheduled conference or hearing.
Lisa D. Melius,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL TERM
NO. 95-
Alex J. Ellis,
PROTECTION FROM ABUSE
Defendant
PETITION FOR PROTECTION ORDER
RELIEF UNDER THE PROTECTION FROM ABUSE
ACT. 23 Pa.C.S. 8 6101 et Beq.
A. ABUSE
1. The plaintiff, Lisa D. Melius, is an adult individual
residing at 14 South East Street, '2, Carlisle, cumberland
County, Pennsylvania 17013.
2. The defendant, Alex J. Ellis, (SSN: unknown)(Date of
Birth: 6/3/72), is an adult individual currently residing to the
best of the plaintiff's knowledge with his parents at 6 Stine
Avenue, Carlisle, Pennsylvania 17013.
3. The defendant has had an intimate relationship with the
plaintiff.
4. Since approximatelY November 1995, the defendant has
attempted to cause and has intentionally, knowinglY, or
recklessly caused bodily injury to the plaintiff, and has
knowingly engaged in a course of conduct or repeatedlY committed
acts toward the plaintiff under circumstances which have placed
the plaintiff in reasonable fear of bodily injury. This has
included, but is not limited to, the following specific instances
of abuse:
1
a. On or about November 19, 1995, the defendant
called the plaintiff vile names and forcefully punched
the plaintiff in the chest causing her to fall to the
floor. When the plaintiff tried to get up, the
defendant grabbed her by the throat causing several
bruises, and forced her to the floor. The defendant
held the plaintiff down by putting his hand on her
throat and repeatedly slapped her on each side of her
head. The defendant then kicked the plaintiff in the
stomach, grabbed her by the ankle, dragged her across
the floor, and poured a beer on her hp.ad. When the
plaintiff struggled to get up, the defendant punched
her in the jaw, repeatedly punched her in the chest,
forcefully pulled her earrings out of her ear causing
lacerations. The police arrested the defendant on
aggravated assault charges and placed him in Cumberland
County Prison.
b. On or about November 17, 1995, the defendant
pushed the plaintiff causing her to stumble backwards.
The defendant then forcefully punched the plaintiff in
the eye causing a black eye. When the plaintiff
grabbed the telephone to call for help, the defendant
snatched the receiver and repeatedly hit the
plaintiff's hands with it causing a bruise on her
middle finger and lacerations on her knuckles. The
2
defendant punched the plaintiff in the chest causinS a
bruise. The defendant left the residence and the
plaintiff called the police. The defendant was charged
with agsravated assault.
6. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant and
that she is in need of protection from such abuse.
6. The plaintiff desires that the defendant be prohibited
from havinS any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications.
7. The plaintiff desires that the defendant be enjoined
from harassing and stalkinS the plaintiff, and from harass inS the
plaintiff's relatives.
8. The plaintiff desires that the defendant be restrained
from enterinS her place of employment.
9. The plaintiff desires that the defendant be enjoined
from removing, damasins, destroy inS or selling any property owned
jointly by the parties or owned solely by the plaintiff.
B. EXCLUSIVE POSSESSION
10. The apartment which the plaintiff is askins the Court
to order the defendant to stay away from is not owned or rented
in the defendant's name.
11. The defendant, to the best of the plaintiff's
knowledge, is living at his parents' residence located at 6 stine
3
Avenue, Carlisle, Pennsylvania.
c. LOSSES/ATTORNEY FEES
12. The plaintiff has suffered losses as a result of the
abuse by the defendant. The losses are listed on Exhibit A
attached.
13. The plaintiff asks that the defendant be ordered to pay
reasonable attorney fees to Legal Services, Inc.
WHEREFORE, pursuant to the provisions of the "Protection
frolD Abuse Act" of October 7, 1976, 23 Pa.C.S. 6 6101 fi .!Ut!l., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"Protection frolD Abuse Act:"
1. Ordering the defendant to refrain frolD
abusing the plaintiff or placing her in fear of
abuse.
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff's relatives.
4. Prohibiting the defendant from enterins the
plaintiff's place of employment.
4
5. Prohibiting the defendant from removins,
damasins, destroyins or sellins property jointly
owned by the parties or owned solely by the
plaintiff.
6. Orderins the defendant to stay away from the
plaintiff's residence located at 14 South East
Street, '2, Carlisle, Cumberland County,
Pennsylvania.
7. Orderins the defendant to stay away from any
residence the plaintiff may in the future
establish for herself.
B. Schedule a hearing in accordance with the provisions of
the "Protection from Abuse Act," and, after such hearing, enter
an order to be in effect for a period of one year:
1. Ordering the defendant to refrain from
abusins the plaintiff or placins her in fear of
abuse.
2. Order ins the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Orderlng the defendant to refrain from
harassing and stalking the plaintiff and from
harassing the plaintiff'S relatives.
4. Prohibiting the defendant from entering the
5
plaintiff's plRcP of employment.
6. Prohibiting the defendant from removing,
damaging, destroying or selling property jointl1
ownpd by the parties or owned solely by the
plaintiff.
6. Ordering the defendant to stay sway from the
plaintiff's resirlence located at 14 south East
Street, '2, Carlisle, Cumberland County,
Pennsylvania.
7. Ordering the defendant to stay away from any
residence the plaintiff mall in the future
establish for herself.
8. Ordering the defendant to reimlllll"se the
plaintiff's nut-of-pocket losses suffered as a
result of the abuse including but not limitec to
the losses li~ted on the attached sheet .arkp~
Exhibit A.
9. Ordering the rlefendant to pay reasonable
attorney fees to Legal Services, Inc.
The plaintiff further asks th~t this Petition be filed and
served without pa,ment af fees and costs by the plaintiff,
pendiug a further order at. the hearing, and that certi fled <:lr>pies
of this Petition and Order he delivered to tl.e Carlisle and
Hiddlespx Police Departments which have jurisdiction to enforce
Ii
this Order.
The plaintiff prays for suoh other relief as may be Just and
proper.
Respectfully submitted,
.'
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
"
7
Alex J. Ellis,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95- CIVIL TERM
PROTECTION FROM ABUSE
Lisa D. Melius,
Plaintiff
v.
OUT-OF-POCKET LOSSES
The plaintiff requests that the defendant reimburse her out-
of-pocket losses, including but not limited to the following:
Any and all medical expenses not reimbursed through the
plaintiff's medical insurance coverage relating to injuries she
sustained as a result of the incident on or about November 17 and
19. 1995. (The plaintiff has not received all of the bills
relating to her injuries as of the filing of this petition).
Any and all lost wages the plaintiff has suffered because of
lost hours at work resulting from the injuries sustained on or
about November 17 and 19, 1995.
Exhibit A
u.~ ... ~
OZ ...
(/)e .~ e( Z ..,
~~ .... ...
c '" 2i~ ~
.~ 0 I- ...
.", .... Q. 5~ ~
ZZ In ..... . :E
i~ => Q. Vl Z .... u8~~
.... .... 0 I-
..... ..... ........z -c::J~
sg UJ ..... 1-00 ~Zo
:E .... .... <.J
. I-Vl 1Il~J:(/)
u.::J > ............. cffili:i
Cl .. Q.Ule(
08 "'z w ::J~
li:c ..: >< Vle(.... J:1D8
In .... - :C:E ....2 ~
::JZ .... ..... :c <.J.... u.::J
8~ ..... . e( I- '" OU III
""'Z<.J wu. :J
wll: e(0 uO II:
~; .... l- ii: e
:aUl<.J U
zz.... U.
Z::J 0.....'" 0
-u :E"'.....
:Ee(O
O....z
<.J:C ....
. .
.
,
.
LISA D. MELIUS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6698 CIVIL TERM
ALEX J. ELLIS,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this ~day of February, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideratiqn of the attached commonwealth's
Petition, the defendant, ALEX J. ELLIS, is directed to appear for
trial on the charge of Indirect Criminal Contempt before the
Court on the .ll/Jit day of (~., , 1996 at q:".liJ o'clock
(L .m. in Courtroom . ,~ of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The Sheriff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge nubsequent to trial.
By the Court,
. )
,j;{"'" J
1.1 ,.,J
O~IM~' Michael S. Schwoyer
Chief Deputy District Attorney
ALEX J. ELLIS
J.
.
C<f':"'" ",'(l~~.l Jill C1b.
~.(f.
.... ::;) '-
f!,; In r..
..
j.:- .. i:;~
.-, <"
IU::':.
("'1< '..J:?
r~' '.-?i
'-' c-
'- .
() ~. . 'i';)
2.;;. I :'1?;'
l-J.....
_1.\ c: liD
1.>. ,
-i .... G..
I'. ......, I
Cl Cd ()
.\
~
<
<
LISA D. MELIUS
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-6698 CIVIL TERM
ALEX J. ELLIS,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, this day of February, 1996, this Court
certifies that the attached complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, a WARRANT IS ISSUED FOR THE ARREST of the Defendant,
ALEX J. ELLIS.
If the defendant is found during normal Courthouse hours,
the defendant is to be brought immediately before the Court. If
not found during Courthouse hours, the defendant is to be taken
to the on-call District Justice and bail set pursuant to the
Rules of Criminal Procedure. Furthermore, after appearing before
the District Justice the defendant is advised to appear before
the Court Administrator at the open of the next business day.
Defendant has a right to be represented by an attorney. If
the defendant cannot afford an attorney, upon request one will be
assigned to represent the defendant. The assessment of costs to
be determined by the Trial Judge subsequent to trial.
By the court,
J. Wesley Oler, Jr.
J.
Michael S. Schwoyer
Chief Deputy District Attorney
ALEX J. ELLIS
,
,
LISA D. MELIUS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
95-6698 CIVIL TERM
ALEX J. ELLIS,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
COMMONWEALTH'S PETITION FOR A HEARING ON CHARGES
OF INDIRECT CRIMINAL CONTEMPT
Michael S. Schwoyer, Chief Deputy District Attorney of
Cumberland County, pennsylvania brings the following Petition for
a hearing on charges of Indirect Criminal contempt:
1. A protection from Abuse Order was issued by the Court.
A true and correct copy of the Order is attached.
2. The defendant's violation of this Order is averred in
the attached private criminal complaint.
3. The victim re~uests the filing of an Indirect Criminal
contempt charge upon information received.
4. The District Attorney's Office approves the filing of
this private criminal complaint.
5. The Commonwealth is requesting a trial on the charges
of Indirect Criminal Contempt pursuant to 23 Pa.C.S.A. 56113.
6. The plaintiff and the defendant may seek modification
of the Order based on the filing of this petition as the Court
deems appropriate following the trial in addition to any other
sentence. 23 Pa.C.S.A. 56117.
WHEREFORE, the commonwealth requests the defendant be
commanded to appear before the Court on the charge of Indirect
Criminal contempt.
Attorney
.
.t. ~lAL OOYUINT
(PIWIOEI
JURT Of COMMON PLEAS OF
JMBERLAND COUNTY
INDIRECT CRIMINAL CONTEMPT
o ,:-:' '.<1
, I .~"., ..
: r::.f.... .."'...
---------
olallicl AllorneY'1 OlTlce @ 0 Approved 0 Disapproved because: <:OMMONWEALn-C OF PENNSYLVANIA
. ~ !!J 1. OEFE~ANTL.IS. ~\w(~vs. 0Lc)( t:.L us
1- w" c[ {.v .Q U l..O nA I r:y. GLLI6 .
t_DMfJ ( """"'1 NAME LX' , ,.-
bL<;A ~~l ~\~<:-, NlO (p Gfl~ A\J~~vt'
, (Ai.... AIlOOESS tl\(l.L.l::x..C fA (7{)(6
~"~,\s,-:-;~,, r..w..lJJM: rl (Jill 3 D 0 B iI Of.<{7...!..-?1
, I ..~ .04 "",./tII I , . . . . LV OJ
Iidilll It S . S. f
, heIeby alale:
) i1 laccUlO die aboYc named defendant, .wbo UVCI at the addRl$ act forth above or,
. 0 IICClM an Indlvidual whose name is unknown to me but wbo ia described u
.. ,._ __...__...__...4_'"
o 'II alc:taame at popular dealsnatlon iI unkn<iwll to me and, tberdorc. I bave deai&natcd him heRln u Jobo
One; with YloIatln. the pMallaws of the Commonwealth or Palnsylvania at
(".., .foIN/oII s.M1"""
:
! In County on at about
i flrticlpllltlwa'Cl (1f..._,..,.,."..,.."..(1tW_-..."..,.....-9...~."'''
!) TbuctlCOllll1lltteclbytheaccusedwcce:@ DID VIOLATE A PROTECTION FROM. 'ABUSE" O'RDER
IATED: _])ff. 'llf) Iqqr> AT DOCKET NUMBER q6 - ("f.., Ci~,
N THAT DEFENDANT DID THE FOLLOWING ACTS IN VIOLATION OF THE ORDER:
\:), c). f\ac (O\~ 0"'-.) 0. 5"1'"e.((Yl.e n.t 6\f\J-t red ./ n c"tlU '<".:l1
L\r\Vou~\j ~.~~ pmkchoYl D:(Lt~ ID pc-cd Il/oru--t( 6f1
c( ~v.e()LI(; ~/tSIS l~lA") ~o..\o. ,$ ~r-t.s G\ -\.\1\)
(\...\ r\~ \'1(\..) ~ ,1 \'(\0\ 2. (bL/\~I\fs, ~l\\Y rl ~'i(!(Mt\ \; ~~.~ . 'L
i"i~,-.l-z:, ed ..}\I\(~ L. l)Y\.\-(\~~oQ..bt\~ pt\(,l\V\.~l\ al1cl reh~')1+r-\G\'(\I.l.~
1'. WIIIda _ blD dllal~.........wtb 0{ I'auJIylvanla and CClII to Ibo Id 0{
~ "1IaI.~ 0{ and -===r- 0{ Ibo Id ~
~ tbe Ordlnance 0{
. l _ .-.._... .......
( . 1.,.,.
I) I uIt tltat . WIIl'Int of arrest or a &UmmOllB be issued and that the accused bc required to answer the dlarges
I have made.
I) I Y8ilY that the facts set forth In thil complaint are trUe and correct to the best of my knowledge or infonnitlon
and belief. This verirlcation Is made subject to the penalties of Section ..904 of the CriJllCl Code (18 l'L C. S.
f ..9(4) Idatlng to unsworn falsification to authorities. L 1. fl ~
~l] 20 ' 19 GJ ~ _. 1J)t.... jJ Uj,I.var-
(SIt"OW'" qfCoonploIM"')
.ND NOW. on this date . 19 _' I cert" ry the complnint hns been properly completed and
crirlCd, and tbat then: Is probable cause for issunnce of process.
......lt~~.". ,~,....~.
,. ".. ~...u ..'" . f"
....,. "..'t.',.. "
Of.,'''",Io/ IJlsrrkl)
(SEAL)
(ljSII/flC Aml,oo,)')
,
8.
The defendant is ordered to reimburse the plaintiff's
out-of-pocket losses suffered as a result of the abuse including
but not limited to the losses listed on the attached Exhibit A by
making weekly payments in the amount of S
') )
...............'-
The WiG
first payment is to be made by the defendant within ten days of
the entry of this Order, and subsequent payments are to ~~r. made 115~ ...
each week thereafter until the total amount of S g~,t/ !:Jf'.W.J/A..(/.4.:'~Jd(
is paid in full. An award under this chapter shall not ..kr.(j")r~:'.L"-t
constitute a bar to litigation for civil damages for other
injuries sustained from the acts of abuse giving rise to this
award.
9. The court costs and fees are waived.
10. This Order shall remain in effect for a period of one
year or until modified or terminated by the Court. The Order can
be extended beyond its original expiration date if the Court
finds that the defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued
risk of harm to the plaintiff.
11. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23
Pa.C.s. g6113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. ~6114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.C.S. g6114.1. Resumption of co-residence on the part
of the pLaintiff and defendant shall not nullify the provisions
of the court order.
12. The Carlisle and Middlesex pollee Departments shall be
provided with certified copieR of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable caURe that this
Order has been violated, whether or not the violation is
committed in the presence of a police officer. In the event that
an arrest is made under this section. the defendant shall be
taken without unnecessary delay before the court that issued the
order. When that court is unavailable. the defendant shall be
taken before the appropriate district justice. (23 Pa.C.S. 6
6113).
By the Court.
,,'"" ...~,IS:\r'
. "'\.1""" .1'. '-'\'1""
(" _\ ,-I ,. (,01 \ 'I;' . \ ,,-",
\,.r~'''''-) n\t i:..4 ',1
,\J.l"'I\\,J
\ r. "\\ n (, :l~\\ Slj
~ \ '.J II'
,,0)
"\ \ ~"-\\ .",
. -IJ-' '. - ~
~d-;~ij~6~tO.:Q.ril:l
TRUE COPY FROM RECORD
In TeslMIOOY whereof. I hate uoto set my IWlII
IIId t~ sll3l 01 salt.lllourt at Cilrtlale PI
f'l,fl~d~. ~~~
:oIlEr, 1 rF' ':: F.LTUlill
n:r; lJ Lt, P.
CASE NO: 1995-0GG90 P
COMMONWEALTH or PENNSYLVANIA:
COUNTY OF CUMBERLAND
!:1~"'-ll~?J,I$l\hP-. .
YS.
f.LL1.:?_A \--E 1L.._ ..__..
......--."..........--.--.. -.
- .-_.- ."'- .-----_. ->'".-.-.----.-
._11-QJH~FJ-l,.-'-f.It{!S'---~3.R'-.. ..._._._______._____.._' Sheriff or Deputy ShNlff of.
CUMBERLAND County, PellnsylvClnia. IIho bcinl'1 duly tjlllJrn accu,-d1.ng
to 1'111, "aye. th~' IIj I.hin IJ!.PJJI~g.T.J;-IlJ1I..IJjf\l,.---~-(1H:rJ:!1f.T....QRD-..--...-- lIa:3 l3er',ed
upon ..~\,.l,J-S--ALI;;.lLL. .____...____..___..__. ____..___._______.___..._ ..---- .'. - ---..-.-..... the
def",ndant, at . .1~;:'.5-:lU0. HOURS. on the .j:!tl1 day 'Jf ttiln:1L____....__.__-.-.--'
192i2. at _J,._ST1.l1l':-h YEJllJf._ ____h.__.
-,,-,,-~--,'--'-'- -_.~.,,- -..>+---.--",. .
. ........--..-...--...--- -. . -,., ..,,--'.'-~-'~-
GAE!JSiJ.,f;,- I'h..!.7.0 1.,1._______._ _ ______._____..----.---.-..--.--.... (.~llt:1B ERI.JJNIL_--.-.
COl)llty. Pennsyl "anVi. by handing toO tIAHYP.l,I:?J_...tlD.JlIEfl.--Qf:.-MJ:.lL.l.'----
~1L I 5_..--.-------..-----..- .-.------..-..-.-.-.
._____' .... ... ___D' ......-_.~.- .. ---..-.-----.--".----.--------.--
a true and attest~'d .;opy uf. u", ..J.tlllJ.R!'=CT.<::RI!:!.I.NM-!. _.;:.oJnI~!'!f'.L.9.RR_-----_.'
toq~' ther IIi th r.UJnmJ -----......--..-..----.. --.-...-...-......-.-.. .-----..--..--.....-.--.
and at the oame time dJrect~n9 11.~:r "I_t.,,,tllJll to th': I.:ont..ntn thereof.
ShcJr if!' rJ Cou(s:
[loc~~et i no
Servic~.? -
Affido'/ll.
SurclVll-qP.
Soo',"8''''.'::: ~
~~T'.... . -1.1f~"I-'-'---_.'---_.'-'.---u-
rt;;! rl,.lll.L' .. 1111".', .~, \t:~ l1-1
1 fj. l)!{l
2. .130
. \)(.)
2.00
'~.::r="BtZl----
.<7>( ~) (i ~~
d81~:'\l.d,.~~-
If"-' / ~)()! 0(001.)
by
5wor~ anit ~IJbacrlbt~lj to b0f!JIC ml}
tI'lel .IJ'!::: <:\",. ".j ).Ul-~
l'3q~ ,\. [I.
e... IfL<- o.n.,~(!. , ~.n-r,
.~ PI ntil _ll,:'.dlt/ r7
.
LISA D. MELIUS, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I
ALEX J. ELLIS, I
Defendant I NO. 95-6698 CIVIL TERM
ORDER OF COURT
AND NOW, this %,'Zo'1 .lday of March, 1996, upon condderation of
the attached letter from Michael S. schwoyer, Esq., Chief Deputy
District Attorney, the complaint for indirect criminal contempt in
the above-captioned matter is DEEMED WITHDRAWN, the trial scheduled
for April 24, 1996, is CANCELLED and the Defendant ie DISCHARGBD.
BY THE COURT,
Iii{
J Wesley
Michael S. Schwoyer, Esq. j"
Chief Deputy District Attorney /l . /. '
t ''f-:-,-",.J (-'-<.. ((../J_..."v
Office of the Public Defender .3/.~~/'lt'1~
Alex Ellis
6 Stine Avenue
Carlisle, PA 17013
Defendant
Ire
Ii
.
.
OFFICE OF THE DISTRICT ATTORNEY
CUMSERI..AND COUNTY
ONE COURTHOUSE SQUARE
CARl-ISl-E, PENNSYl-VANIA 17013
(717) 240-11210
1717111117oQ171,ltn1l210
171711lu.nllll, ItIT 8210
,..., 17171 UOolllll4
M.L. ItllltllT, JII.
DI.TRICT ATTOltNay
March 21, 1996
Honorable J., Wesley Oler, Jr.
Cumberland county Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Lisa D. Melius v. Alex J. Ellis
95-6698 civil Term
Indirect Criminal Contempt
Dear Judge Oler:
Pursuant to an agreement between the commonwealth and the
defense attorney in the above captioned case, and after
conferring with the victim, the commonwealth is hereby cancelling
the hearing set up for April 24, 1996 at 9:00 a.m. in your
courtroom, and requests that you Honor prepare an Order
cancelling this hearing. The commonwealth has learned that the
defendant has actually been making, and is current with, the
payments required by paragraph 8 of your Protection From Abuse
Order dated December 28, 1995, and the problem was with the Post
Office.
If you have any questions, please feel free to give me a
call.
Attorney
MSS/teb
MAR 2 1 199b
R. THOM"'S KLINE
Sheri II
of GIU"'L
:\'\\~ "1U~1'''
tl~ .':, ,
-,';:.'\ .\...4 '''1,:,-
r-i '-'yo, . _..,...~",.-. ;~., ,.J
\:I)'V . .,;...'. :"'!,\~'
.>':t'-0~-P~>:i:.~-).~ h~'1t.
f;' Jj '.', ,r,:.,',:,,;,} "'['."1
rr / ~,._....,.-~ 'I
_~_.... _;'i';,' ~\~"";".:'......J
_~'J,:,._:,..:;,l:,~., -t <;~__~
RONNY R. "'NDERSON
Chll' Depuly
HOR"'CE .... JOHNSON
Sollcllo,
"'UDREY G. AD"'MS
Reel eltlte Dlpuly
OFFICE OF THE SHERIFF
Court House
Carlisle, Pennsylvania 17013
March 27, 1996
C', . ~ '.-l
( '- . .\
. . ,I
-u, ~ , "l r~l
[',' " J
, .0. r.) . ~~9
~'~" \,;:" \b
t:.,'... '..'J
, .-,
:~.~ ( !i:',
.r-u
';-~: 1; -I "1
~'( .,
.' r.n ~q
-; Cl' ".
Lawrence E. Welker, Prothonotary
Cumberland County Courthouse
Carlisle, Pa.
SUBJECT. CIVIL SUBPOENAS
1.
94-7085 Civil
Paul Niswonger
2.80
3.92
2. 95-1113
3. /95-6698
Civil
Gerald Gehr
Civil
Alex J. Ellis
2.80...-
4.
95-6944 Civil
Tony Ballance
2.80
Total
$12.32
So ,~ps:l!'ers I :~
~~/i/ ,:J~ ./.,
/ W/,~';"'../ /~,-.
'R. Thomas Kline. Sheriff